While other telcos are one-upping each other for better, faster mobile services, NOW Telecom is on its own "war" in a bid to become a legitimate player in the business.
And it's bringing the fight to another level, this time challenging the National Telecommunications Commission (NTC) to a showdown before the Commission on Elections (Comelec).
In a recent development that is hardly monitored by netizens who are more concerned with the competitions among the bigger-named telcos, the Comelec has subpoenaed three officials of the NTC to submit their counter-affidavit on the case filed against them for alleged violation of Fair Election Act and the Omnibus Election Code.
This came after Emerald Investments, Inc., a shareholder in NOW Telecom Company, Inc. (NOW Telecom) filed a criminal complaint on April 19 before the COMELEC against officials of the NTC for setting a hearing during the election period, which requested for the recall of all radio frequencies assigned to Now Telecom.
The NTC was acting on the a complaint filed by several Pangasinan residents at the NTC that alleged NOW Telecom failed to fulfill its promise to the public and despite many years, “there were no developments done outside Metro Manila much more any improvements made in Metro Manila.”
NOW Telecom is a holder of a congressional franchise to operate under Republic Act (RA) 10972 for 25 years. The NTC issued a provisional authority (PA) in favor of NOW Telecom to install, operate and maintain a nationwide mobile telecommunications system.
However, according to the complaint, contrary to its submitted projections to the NTC, NOW Telecom has installed only 10 stations in six sites out of the total 2,036 stations in 245 sites.
In the said complaint against NOW Telecom, the NTC has been asked to recall the radio frequencies assigned to NOW Telecom, to collect the required spectrum user fees (SUF), and to impose sanctions and penalties. NOW Telecom Co. Inc. is facing a recall of its radio frequencies for non-operation and inefficiency, as well as the non-payment of spectrum user fees (SUF).
Now here's the interesting twist.
In a subpoena, the poll body through its Law Department ordered NTC chief of adjudication division Nilo Lozada, chief of radio spectrum planning division Roberto Tolentino and head of regulation branch Imelda R. Walcien to answer the case filed against them for alleged violation of Section 100 of the Omnibus Election Code of the Philippines, as amended by Republic Act. No. 7166, in relation to Section 262 of the Omnibus Election Code.
The subpoena served was in relation to the complaint filed by Emerald against the NTC officials for setting a hearing during the election period. The questioned hearing for the NTC complaint against Now Telecom is scheduled on Monday, April 25, 2022.
Emerald cited in the complaint-affidavit that “any threat of suspension or cancellation of Now Telecom’s radio frequencies will not only disrupt its operations and jeopardize its business, but will also cause undue prejudice to its shareholders, including Emerald.” Emerald holds a 12.8-percent interest in Now Telecom.
Emerald alleged that the act of the NTC respondents “in giving due course and setting for hearing the complaint dated Jan. 21, 2022 filed against Now Telecom, which sought to recall all the assigned radio frequencies,” violates Section 6.4 of the Fair Elections Act, which prohibits the cancellation or suspension of legislative franchise during the election period.
The election period for the May 2022 elections commenced on Jan. 9, 2022 and will end on June 8, 2022.
The Omnibus Election Code provides a penalty of imprisonment of one to six years, without probation, for election offenses. If convicted, an accused will also suffer from accessory penalties such as disqualification to hold public office and deprivation of his/her right of suffrage.
Why are we interested on this side story of the long-running "telco wars drama?" It is because, in the in end, we are hoping that conflicts and controversies in the telco business could only result to better mobile and internet services for the Filipinos.
So stay tuned to the ongoing drama, folks.